You should consider bringing a guardianship proceeding and possibly a turnover proceeding. If your application is legitimate, then the judge...

Avoid capital gains tax by returning my mother's house to her?

It's not just transferring the house back to her. She also has to live their for 2 out of the next 5 years and claim it as her primary residence....

How do you know he left the house to you and your brother? To know what you are entitled to, you have to find out what be has and whether there...

Do grandchildren have claim to a grandparent's estate when the linking parent is already previously deceased?

You would take your mothers share of anything your grandfather has. Your mother gets listed as a pre-deceased distributee on the petition. Your...

If you transfer home ownership by operation of the law, can you later get a "cleaner" title?

If you want to do an heir at law deed, the best thing to do is to get a title company to ok the transaction. You may not be able to do an heir at...

Jane lives out of state, she is the Trustee for her brother who lives in NY with an Irrevocable Trust.

you should read the trust to see whether the trustee is entitled to commissions. sometimes, trusts say that the family member is not entitled to...

John lives in NY on Medicaid has an irrevocable trust that he wants to change removing existing beneficiaries that were added.

in new York, you cannot revoke an irrevocable trust. you can amend the trust upon consent of all interested parties. you can also decant the...

My mom is on Medicaid community care. My dad has PA, trust & signed refusal letter. He has IRA accounts can medicaid go after

You need to review the documents and accounts with an elder law attorney. In New York, after a medicaid recipient dies, medicaid can recover only...

My mom is incapacited & father has power of attorney but not guardianship. Her mother passed away can she sign a waiver to the

There is a distinction between being incapacitated for purposes of surrogate's court and incapacitated for purposes of social services. What is...

I am guardian and trustee of 2 special needs adult children. Can I be compensated for monies I spend in this role?

Typically you can be reimbursed out of the special needs accounts for reasonable expenses that you incur. You should double check the wording of...